Laura Sharman 29 October 2014

‘Unlawful’ ruling could impact future consultations warn lawyers

Lawyers are warning that local authorities must ensure local people are properly consulted when making cuts or service changes, following a Supreme Court ruling.

A Supreme Court has ruled that Haringey Council’s consultation on its proposed council tax scheme was ‘misleading’ as it implied the council had no alternative but to make the poorest residents pay council tax for the first time.

Michelle Moseley, a single mother of four, challenged the consultation by arguing it didn’t provide enough information for people to make an informed response to the proposed changes.

The Supreme Court has now ruled the consultation was ‘unlawful’ as it ‘misleadingly’ implied that there were no possible alternatives.

Law firm Irwin Mitchell, who represented Ms Moseley, said this is the first time the Supreme Court has ruled on issues relating to consultations, and warned it could impact on anything from cuts to services or care home closures.

Alex Rook, a specialist health and welfare lawyer at Irwin Mitchell, said: ‘Today’s ruling will send a very clear message to all local authorities that they need to ensure that their consultations present the options in an accurate way and truly involve local people in the decision making process.

‘Following today’s judgment local authorities and other public bodies should be in no doubt that they cannot hide away from the true reasoning behind their decisions, and will be required to give the public more information about the possible options and the reason why they favour their proposal. The case is a good example of where judicial review and legal aid have been used positively to hold local councils to account.’

A Haringey Council spokesperson said: 'We accept the court’s judgment and will now consider its findings.'

SIGN UP
For your free daily news bulletin
Highways jobs

Workshop Fitter

Durham County Council
£33,673 - £37,563
Are you qualified in vehicle or machinery maintenance and ready for a new opportunity? Fleet Services in Environment are looking for 2 Workshop Fitte Durham
Recuriter: Durham County Council

2 x Health Care and Education Assistant

Durham County Council
£25,614- £26,016 pro rata
2 x Health Care & Education Assistant Temporary contract until August 2027, with the potential to extend, subject to funding Part Time- 10 hours per w Spennymoor
Recuriter: Durham County Council

Health Care and Education Assistant

Durham County Council
£25,614 - £26,016 (Pro Rata)
Temporary Contract until August 2027 with the potential to extend, subject to funding. Part Time- 34 hours per week- 8
Recuriter: Durham County Council

School Driver

Durham County Council
£25,614-£26,016 (pro-rata)
37 hours per week- 8.00am-4.00pm (3.30pm Friday). Term Time Only Required to start as soon as possible. The Governing Body are seeking to appoint an Durham
Recuriter: Durham County Council

Clinical Supervisor

Durham County Council
£55 per hour
Durham Schools Counselling Service would like to recruit an experienced Clinical Supervisor to provide regular supervision to our established team of Spennymoor
Recuriter: Durham County Council
Linkedin Banner